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Biggest BitTorrent Downloading Case in U.S. History

"All told, more than 140,000 BitTorrent downloaders are being targeted in dozens of lawsuits across the country, many of them for downloading B-rated movies and porn."

Simple question: Now let's say if a movie was on VHS that is now OOP and has never had a DVD release, could they go after you? Is there a sort of fair use that you can download movies that are no longer accessible? My morals, like many on here, fall in that if it's not available it's free game and I'm all for guys like Don and the smaller companies getting their due.

Biggest BitTorrent Downloading Case in U.S. History Targets 23,000 Defendants

At least 23,000 file sharers soon will likely get notified they are being sued for downloading the Expendables in what has become the single largest illegal-BitTorrent-downloading case in U.S. history.

A federal judge in the case has agreed to allow the U.S. Copyright Group to subpoena internet service providers to find out the identity of everybody who had illegally downloaded (.pdf) the 2010 Sylvester Stallone flick — meaning the number of defendants is likely to dramatically increase as new purloiners are discovered. Once an ISP gets the subpoena, it usually notifies the account holder that his or her subscriber information is being turned over to the Copyright Group, which last year pioneered the practice of suing BitTorrent downloaders in the United States.

Subpoenas are expected to go out this week.

All told, more than 140,000 BitTorrent downloaders are being targeted in dozens of lawsuits across the country, many of them for downloading B-rated movies and porn.

Many lawyers are mimicking the Copyright Group’s legal strategy, which includes offering online settlement payments, in hopes of making quick cash. The litigation can be so lucrative — with settlements around $3,000 per infringement — that two companies are both claiming ownership to a low-budget movie called Nude Nuns with Big Guns, and both firms are suing the same downloaders.

Not all federal judges, are agreeing to allow a massive number of subpoenas in a single case, but many are. The U.S. Copyright Act allows damages of up to $150,000 per infringement, and the cases all demand the maximum.

“It is well beyond time that the courts take control of these automated enterprises being run at great taxpayer expense with the active assistance of the federal court system,” said Lory Lybeck, a Washington state attorney defending about 100 BitTorrent defendants.

The IP addresses of the alleged copyright scofflaws are easily discoverable. Film companies pay snoops to troll BitTorrent sites, dip into active torrents and capture the IP addresses of the peers who are downloading and uploading pieces of the files.

The closest single lawsuit in size to the Expendables case targets 15,551 BitTorrent users for downloading a handful of porn flicks with titles such as Big Dick Glory Holes and Spin on My Cock. A judge has not decided whether to authorize subpoenas in that case.

Thomas Dunlap, who heads the Copyright Group in Washington, D.C., did not return phone messages. He informed the court Wednesday that, so far, he’s obtained 23,322 IP addresses (.pdf) that have allegedly infringed the Expendables, up from 6,500 when he initially filed the District of Columbia federal court case in February.

Re: Biggest BitTorrent Downloading Case in U.S. History

I won't waste a single tears for any of those thiefs, they will get what they deserve and it's about time. The music industry did wait too long to get them and the music industry is dead... A lot of dammages is already done at the film industry (just ask to any small dvd label owners how it's hard to rest alive), but at least it isn't too late yet.

I have never steal a movie using a torrent or whatever and I really laugh at some of the thiefs here who justified their crime by telling is was to try first. Sorry try before doesn't exist in the film industry...

Sure I won't win a popularity contest here because of this, but I couldn't care less...

Re: Biggest BitTorrent Downloading Case in U.S. History

I'm probably not as extreme as Mr. Simard but really, if you know it's a crime and you do it and get caught....well, that blows. I may have downloaded the Expendables. Only cause i pretty much fell asleep in the theatre watching it. I didn't burn it to DVD, i watched it and deleted it. But i'm in Canada. Oh well.

I will disagree on the music industry thing though. The music industry died because the music industry sucks. I still buy, and I know a lot of people who still buy, CDs by bands that they like, or based on singles that they've heard. But i used to buy 5 or 6 cds a week...now i buy that per year. Music and movie industry aren't related in this case...in my opinion.

Re: Biggest BitTorrent Downloading Case in U.S. History

I don't feel sorry for people that get burned stealing films that are readily available but I hope this doesn't spread to those that are downloading OOP and unreleased titles. If a company can't be bothered to release a film, then they deserve to have spread around by other means (I do see the flaw in that logic, but its just how I feel). I personally don't use bitorrent so this doesn't concern me. That said, I sure hope the lawyers never bother going after the people that sell me bootleg DVD-Rs (VHS, films not released on DVD).

Originally Posted by Jimmy Simard

The music industry did wait too long to get them and the music industry is dead...

Pirates didn't kill the music industry. The music industry was diminished because it didn't adapt to technology and a changing marketplace.

Re: Biggest BitTorrent Downloading Case in U.S. History

Originally Posted by Jason C

Pirates didn't kill the music industry. The music industry was diminished because it didn't adapt to technology and a changing marketplace.

I sure don't agree with you on this, since it's a thief excuse... But I won't start a debate on this since whatever you could say won't change the facts and nobody will catch me in a pissing contest here anymore...

Originally Posted by mark t

I didn't burn it to DVD, i watched it and deleted it. But i'm in Canada. Oh well.

Now that the Conservative Party took the majority here their copyright law will pass soon, so our country will stop being the disgrace of the occidental world on this. Finally the torrent hosted in our country will disapear and all the identification of the people who used them will become available from court case. So if I would be an user I would stop using them to avoid the risk to pay a lot more than what buying the movie would have cost (if it isn't too late of course since laws are sometimes retroactive).

Originally Posted by mark t

the music industry sucks

You won't get an argument from me with this. I haven't buy something new for quite a while, teen pop, hip hop and fake punk aren't my cup of tea

Re: Biggest BitTorrent Downloading Case in U.S. History

Originally Posted by Jimmy Simard

I sure don't agree with you on this, since it's a thief excuse... But I won't start a debate on this since whatever you could say won't change the facts and nobody will catch me in a pissing contest here anymore...

The popularity of iTunes and Amazon MP3 Downloads proves that people are willing to pay a fair price for music when it’s delivered in a convenient fashion. It didn’t make any sense for consumers to pay $15+ for a disc when all you wanted was one song. That goes double when it could easily be downloaded for free. Given the choice most people will pay $1 for a song when it’s easily integrated with their music player. Most people aren’t thieves but the music industry made it inconvenient and unreasonably expensive to follow the rules. For that they paid the price. You can disagree with me, but many people outside the music industry agree with my opinion. And for the record, I have thousands of songs on my iPod. All are legally purchased or free to the public.

You sure are extreme with your views on piracy. No grey area and no excuses from the sounds of it.

Re: Biggest BitTorrent Downloading Case in U.S. History

I'm more inclined to agree with Jason on the music industry issue...but regardless, in a case such as the one dealing with The Expendables, yes, anyone downloading that is certainly committing a crime. Personally, i'm not too concerned with it, as i know that people are going to do what they do. if the government steps in, it's just going to lead to some other kind of piracy.

Re: Biggest BitTorrent Downloading Case in U.S. History

The download a song thingy sound nice and all I agree no thief there (except one who isn't the consummer)... Untill you learn that the song writter got .16$ from this ammount and the artist got nothing. How this is supposed to support the artist?

Originally Posted by Jason C

You sure are extreme with your views on piracy. No grey area and no excuses from the sounds of it.

I know I'm extreme in my view on piracy, but I expect to be paid for my work as the company releasing the film expect too. whatever a film is crap or not, is OOP or not or unrelease isn't a valid argument ... When I want something I pay for it or in the past rented it from a video club.

Re: Biggest BitTorrent Downloading Case in U.S. History

Originally Posted by Jimmy Simard

The download a song thingy sound nice and all I agree no thief there (except one who isn't the consummer)... Untill you learn that the song writter got .16$ from this ammount and the artist got nothing. How this is supposed to support the artist?

From the sounds of it most artst were only getting pennies back when it was CD's only as well. I was always under the impression that most artists not named Mettalica got there money from live shows and piracy helped in promoting most performers. (I could be a little off this and it still doesn't justify theft)

Originally Posted by Jimmy Simard

I know I'm extreme in my view on piracy, but I expect to be paid for my work as the company releasing the film expect too. whatever a film is crap or not, is OOP or not or unrelease isn't a valid argument ... When I want something I pay for it or in the past rented it from a video club.

How is unreleased not a valid argument? Are you telling me that you don't track down bootlegs of films not released on DVD? I watched a DVD-R I purchased of Nashville Girl last night and it was awesome. I'd love to pay the studio that has the rights but they haven't bothered to make it available. So its their loss. It not much different with OOP either. It's not like buying a second hand copy sends money to the creator. (I typically do track down legit OOP titles myself just because I like staying on the up-and-up as much as possible. Although THE ART OF DYING is testing me pretty hard right now).

Re: Biggest BitTorrent Downloading Case in U.S. History

Originally Posted by Jason C

How is unreleased not a valid argument?

If you download you have less chance to see an official release, same thing with OOP product... The only unrelease films I have on DVD-R are movies I owned the VHS tape previously (so they were already paid and well paid).

BTW there are tons of OOP stuff I would like to own but if I didn't get them previously it's my fault and not the copyright owner fault. So I wait for a re-release, if it happens great if not I won't die because of this, I will certainly not became a criminal and betray my moral value because of this...

Re: Biggest BitTorrent Downloading Case in U.S. History

Nice little dash of scare tactics to spread around the web that will only end up fooling the 0.0001% of people who believe something will happen because of this.

The fact that this story is here, and on other websites, proves they've got what they wanted... but, ultimately, the consequences of this story are in fact zero... Nothing. Except of course the judges and lawyers who have no doubt been paid a big chunk of money for their services.

Let's try to simplify this - hands up ANYONE who think all 140,000 people will be charged and penalized for downloading a shit film? (actually, it wasn't that bad...)

What makes little (or no..) sense is why they didn't do the same thing with people who downloaded Avatar? Then they could have beefed up the stats and said they were taking a million people to court! No, they chose 'The Expendables'.... Eh?

Re: Biggest BitTorrent Downloading Case in U.S. History

Originally Posted by Jimmy Simard

I will certainly not became a criminal and betray my moral value because of this...

I never thought of buying a bootleg VHS as criminal activity but I guess it is. I feel like quitting my day job, buying a gat, getting tat'd up and busting caps in fools. Damn it feels good to be a gangsta.

Re: Biggest BitTorrent Downloading Case in U.S. History

My stance has always been: If it is commercially available, you shouldn't be stealing it. You're part of the problem.

If it isn't, it's fair game. At that point it doesn't feel remotely like theft, it feels like keeping these films and albums alive and in the social consciousness. There have been SO many albums and movies released in the last 100 years on this planet and a vast majority of them have never been commercially released in this country or have been out of print for many decades. I'm so happy that downloading has come along and made a way for whole new generations to enjoy them. It's absolutely fantastic!

Everyone seems to have their own stance that they fully adhere to though, which makes debating this topic usually pretty useless. We've gotten into it on this board at least a couple dozen times by now, and I don't ever remember much more than everyone stating their opinion on it, and then arguing about it. Which I guess can be fun, but also pretty fruitless.